Chief Executive Officer of Customs v Camile Trading Pty Ltd and Ors [2004] NSWSC 1256

New South Wales Supreme Court

CITATION : Chief Executive Officer of Customs v Camile Trading Pty Ltd and Ors [2004] NSWSC 1256 HEARING DATE(S) : 3 June 2004 JUDGMENT DATE : 21 December 2004

JUDGMENT OF : Dunford J DECISION : Motion dismissed with costs

CATCHWORDS : Practice and Procedure - Excise prosecution for convictions, penalties and unpaid duties - nature of proceedings - privileges against self-incrimination and exposure to penalties - trial procedure differential case management - verification of defences Corporations Act 2001 (Cth) Crimes Act 1914 (Cth) Customs Act Evidence Act 1995 LEGISLATION CITED : Excise Act 1901 Queensland Evidence Act Supreme Court Act 1976 Trade Practices Act 1975 Workplace Relations Act 1996 Alfred v Walter Construction Group Ltd [2003] FCA 993 Australian Competition and Consumer Commission v Amcor Printing Papers Group Ltd (1999) 163 ALR 465 Australian Competition and Consumer Commission v FFE Building Services Ltd (2003) 130 FCR 37 Bridal Fashions Pty Ltd v Comptroller-General of Customs (1996) 140 ALR 681 CASES CITED : CEO of Customs v Camile Trading Pty Limited & Ors [2001] NSWSC 1075 Chief Executive Officer of Customs v Afiouny [2004] NSWSC 79 Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd (2003) 201 ALR 1 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission (2002) 213 CLR 543 Rich v Australian Securities Investments Commission (2004) 209 ALR 271 Sidebottom v The Federal Commissioner for Taxation (2003) 6 VR 302 PARTIES : Chief Executive Officer of Customs v Camile Trading Pty Ltd and Ors FILE NUMBER(S) : SC 20859/97 COUNSEL : P S Hastings QC/R B Wilson - Plaintiff P Byrne SC/S J Stanton - First and Second Defendants SOLICITORS : Australian Government Solicitor - Plaintiff Higgins Dyson Solicitors - First and Second Defendants